6720-1907-Extradition-Treaty-between-Great-Britain-and-Pern — Page 4

THE HONGKONG GOVERNMENT GAZETTE, JULY 19, 1907.

ARTICLE X.

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When either of the Contracting Governments considers the case urgent it may apply for the provisional arrest of the criminal and the safe keeping of any objects relating to the

offence.

Such request will be granted, provided the existence of a sentence or warrant of arrest is proved and the nature of the offence of which the fugitive is accused is clearly stated.

The warrant of arrest to which this Article refers should be issued by the competent judicial authorities of the Country applying for extradition. In the United Kingdom the accused shall on arrest be sent as sp edily as possible before a Polite Magistrate. The prisoner shall be discharged if the State applying does not complete the requisition within the term of ninety days counting from the date of the arrest of the prisoner.

ARTICLE XI.

The extradition shall take place only if the evidence be found sufficient according to the laws of the State applied to, either to justify the committal of the prisoner for trial, in case the crime had been committed in the territory of the same State, or to prove by the documents presented which shall contain a description of the person chimed and any particulars which shall serve to identify him, that the prisoner is the identical person con- victed by the Courts of the State which makes the requisition and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to; and no criminal shall be surrendered until after the expiration of fifteen days from the date of his committal to prison to await the warrant for his surrender.

ARTICLE XII

In the examinations which they may have to make in accordance with the foregoing stipulations, the Authorities of the State applied to shall admit as valid evidence the sworn depositions or the affirmations of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of, or judicial documents stating the fact of a conviction, provided the same are authenticated as follows :

1. A warrant must purport to be signed by a Judge, Magistrate or Officer of the other State.

2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or Officer of the other State to be the original depositions or affirmations, or to be true copies thereof, as the case may require.

3. A certificate of or judicial document stating the fact of a conviction must purport to be certified by a Judge, Magistrate, or Officer of the other State.

4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by oath of some witness, or by being sealed with the official seal of the Minister of Justice or some other Minister of the other State: but any other mode of authentication for the time being permitted by the law of the country where the examination is taken may be substituted for the foregoing.

ARTICLE XIII.

If the individual claimed by one of the High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to the State whose demand is earliest in date.

ARTICLE XIV.

If sufficient evidence for the extradition be not produced within ninety days from the date of the apprehension of the fugitive, or within such further time as the State applied to or the proper Tribunal thereof shall direct, the fugitive shall be set at liberty.

ARTICLE XV.

When extradition is conceded the papers and other articles connected with the offence or its authors, or which were in their possession at the time of their arrest, shall be delivered to the State to which extradition is granted.